The URL can be used to link to this page

Home My WebLink About04-4475SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff TIMOTHY A. LADIKA, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. JOYCE A. LARSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff TIMOTHY A. LADIKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE A. LARSON, Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, le corte tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff TIMOTHY A. LADIKA, Plaintiff V. JOYCE A. LARSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Timothy A. Ladika, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Timothy A. Ladika, is an adult individual who currently resides at 3 South 2nd Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant, Joyce A. Larson, is an adult individual whose last known address is 58 South 18th Street, Camp Hill, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on May 28, 2004, at or about 3:00 pm on the 1600 block of State Street, Camp Hill Borough, Cumberland County, Pennsylvania. 4. Plaintiff was operator of a 2004 Yamaha traveling west on State Street, Camp Hill Borough, Cumberland County, Pennsylvania. Illllllllltll 14111111, l11 111111111tt4111 alit • PA 11111101 • 11111t111t. 11 I/111-1101 11111 lit-alit . 11111111114.1111 111.IIIIIJ11111.t11 5. Defendant was operator of motor vehicle that had been traveling eastbound on State Street, Camp Hill borough, Cumberland County, Pennsylvania, and had stopped to make a left-hand turn onto South 16th Street, Camp Hill Borough, Cumberland County, Pennsylvania. 6. While the Defendant was waiting to make the left-hand turn, an unknown driver waived the Defendant through the west-bound traffic toward South 16th Street, directly in front of the Plaintiff. 7. As a result of the unexpected action of the defendant, the plaintiff was forced into an emergency situation and was required to react in such a manner that caused him to lose control of his motorcycle and crash. 8. As a result of the aforesaid incident, the Plaintiff, Timothy A. Ladika, has suffered serious and permanent injuries as follows: A. Closed head injury; B. Pelvic fracture; C. Right rib fracture; D. Right clavicle fracture; E. Right fibular head fracture; F. Burn on right calf; G.Various contusions and abrasions; H. Severe shock to nerves and nervous system; 1. Mental and physical anguish; tlllltlltllll I J1111111. tip IOtO lllllltll®11111 . 1.1. 111 11641 . IIIIIIIIII. it 11119-1101 ?111 Ill-all. 111 111111:4.1111 111.0111J81111.t11 COUNTI TIMOTHY A. LADIKA v. JOYCE A. LARSON 9. The aforesaid collision was a direct and proximate result of the negligence of the Defendant, Joyce A. Larson, as follows: A. Turning her vehicle left within an intersection without yielding the right of way to a vehicle approaching in the opposite direction which was so close as to constitute a hazard in violation of Section 3322 of The Pa. Motor Vehicle Code. B. Driving her motor vehicle in careless disregard for the safety of persons or property in violation of Section 3714 of The Pa. Motor Vehicle Code. C. In failing to have her vehicle under proper and adequate control. D. In failing to observe Plaintiffs vehicle on the highway. E. In failing to keep a reasonable look-out for other vehicles lawfully on the road. F. In turning in such a manner as to endanger other vehicles on the highway. G. In failing to observe oncoming traffic. H. In failing to keep a proper look-out for approaching vehicles. 1. In failing to yield the right-of-way to on-coming traffic. J. In otherwise operating said vehicle in careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. As a direct and proximate result of the aforesaid injuries, the Plaintiff, Timothy A. Ladika, has undergone and in the future will undergo great pain and suffering for which damages are claimed. IIIl1F11F11F16 4111111. III 111111111141111 Ilil . P.1.111 IIFIS . 1111111111, Pi 11111.1141 1111110-041 . 0111111114-1111 111.1111041111.11® 11. As a further result of the aforesaid injuries, the Plaintiff, Timothy A. Ladika, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 12. As a further result of the aforesaid injuries, the Plaintiff, Timothy A. Ladika, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 13. As a further result of the aforesaid injuries, the Plaintiff, Timothy A. Ladika, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 14. As a further result of the aforesaid injuries, the Plaintiff, Timothy A. Ladika, has sustained scarring and disfigurement for which damages are claimed. 15. As a further result of the aforesaid injuries, the Plaintiff, Timothy A. Ladika, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 16. As a further result of this collision, the Plaintiff, Timothy A. Ladika, has and/or may incur reasonable and necessary medical rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 17. As a further result of the aforesaid injuries, the Plaintiff, Timothy A. Ladika, has incurred or may hereinafter incur financial expenses and losses which exceed 1 11111011111111111111. 111 Me 111111t11®111ll • F.1.111 title OIIIIillll. IF 11111-1141 111/1111-1111 • Fit 1/111114-1111 1191 1111JIM1.111 sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 18. Plaintiff, Timothy A. Ladika, was occupying a motorcycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Timothy A. Ladika remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, the Plaintiff, Timothy A. Ladika, demands judgment against the Defendant, Joyce A. Larson, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: Karl Jan zzi, Esquire Atto ey 1.91'. No. 65575 1820 Linglestown Road Harrisburg, PA 17110 717/234-3700 4141U0 41111 14111111. lit lore ?11111I1111 IIII • f.1.11111411. 1 1111 41 111, 41 11111-1105 11111114-1141 . 11111111 IN-1111 111®.ll11114111®A® VERIFICATION I, Timothy A. Ladika , hereby acknowledge that I am a Plaintiff in this action and that I have read the Complaint and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. (?: laok4 Date: 9/1/04 no, 151 UM 6 .1ASYL61. LLV 1620 LtNGLSSp ROAD 1 P.O. SOS 60565 • N JS67c, 6A 11106.OS6S (1111 236•3100 0 FM 0111 234-S.1: 4QL Y r ? 0111, o C-) SHERIFF'S RETURN - REGULAR CASE NO: 2004-04475 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LADIKA TIMOTHY A VS LARSON JOYCE A RONALD KERR Sheriff or Deputy Sheriff of Cumberland Count:y,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LARSON JOYCE A the DEFENDANT , at 1237:00 HOURS, on the 15th day of September, 2004 at 58 SOUTH 18TEI STREET CAMP HILL, PA 17011 by handing to JOYCE A LARSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this -Zak day of TGH G t? oZO0 / A. D. it vp otho ota?r So Answers: R. Thomas Kline 09/16/2004 SHOLLENBERGER & JANUZZI By: ?D p t Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, NO. 04-4475 V. PRAECIPE FOR APPEARANCE JOYCE A. LARSON, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, V. NO. 04-4475 JOYCE A. LARSON, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Smers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the c)k .Icz- A. Larst 4 1 Defendant, EdwnA -6PCrte m in the above case. JURY TRIAL DEMANDED Nevin u. Kaucn, r_squire Counsel for Defendant Pe--r ?h emu- Cmgt' s WA ROVr-LiAKA- Tt6 Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIF9 & SKEW.L.L..P. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe of Appearance has been mailed by U.S. Mail to co sel of record via first class mail, postage pre-paid, this? day of 2004. Karl J. Januzzi, Esquire Shollenberger & Januzzi 1820 Linglestown Road Box 60545 Harrisburg, PA 17106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE d SKEELoft - By: Kevin D. Rauch, Esquire Counsel for Defendant n d ? -rt G s ,? i - ""?f U,. ? ? .. ? tn ro p,F !- . ? ? N xi ?Q (Ji i,;, rd ? '?. `-, rK,? .rr? -0 4>-(y?y ???? ? ? F„?1 a' `p N ? r 7. ? " .y t.n ..c cap IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, Plaintiff, V. JOYCE A. LARSON, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days fro Wm ce tad reoWr agr$ina judgment V A r d a mst you. Guthrie & SI<eel, L.L.P. CIVIL DIVISION NO. 04-44'75 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, V. NO. 04-4475 JOYCE A. LARSON, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Joyce A. Larson, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that an unknown driver waived the Defendant through westbound traffic toward 16th Street. The remaining allegations of paragraph 6 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. The averments of paragraph 7 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 a nd all its subparts s tate legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Joyce A. Larson, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. COUNTI 9. Paragraph 9 and all its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Joyce A. Larson, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 19. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 20. Some and/or all of the Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 21. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 22. The Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Joyce A. Larson, respectfully requests this Honorable Court to enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, MCDONNE:LL, HUDOCK, GUTHRIE & SKEE„L. L.L.P. By ?(JU (VA W/V,.--**' Kb-vin r Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has fumished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER; AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Joyce A. Larson #13110 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, q 4C postage pre-paid, this day of , 2004: Karl J. Januzzi, Esquire Shollenberger & Januzzi 1820 Linglestown Road Box 60545 Harrisburg, PA 17106 Counsel for Defendant nom t j 5= t....' .r r n 0 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff TIMOTHY LADIKA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4475 JOYCE A. LARSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED 'PLAINTIFF'S ANSWERTO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, TIMOTHY LADIKA, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers Defendant's New Matter as follows: 19-22. The allegations set forth in Paragraphs 19-22 of Defendant's New Matter, are conclusions of law which require no responsive pleading. By way of further of answer, the allegations set forth in Paragraphs 19-22 of the Defendant's New Matter are hereby denied. WHEREFORE, Plaintiff TIMOTHY LADIKA respectfully request your Honorable Court strike Defendant's New Matter, and enter judgment in Plaintiffs favor. Respectfully submitted, SHOLLEN ERGER & JANUZZI, LLP By: Karl Januzzi, Esq. Attorney I.D. #65575 Date: 11 /Oq/0q SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff TIMOTHY LADIKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE A. LARSON, Defendant NO. xxxxxxxxxxxxx CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this Wh day of November, 2004 1 hereby certify that I have served the following Answer to Defendant's New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, SHOLLENBE ER JANUZZI, LLP By: Karl . J zzi, Esq. Attorne .D. #65575 Dated: Nv(f , q , 2004 r•? C; -7' Fll rti-„- l?,Tl -i Y "f SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff TIMOTHY LADIKA, Plaintiff V. JOYCE A. LARSON, Defendant IN THE C URT OF COMMON PLEAS CUMBER AND, PENNSYLVANIA NO. 04-4475 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS OF C OLINSEL FOR PLAINTIFF TO THE PROTHONOTARY: Please be advised that the address of the undersigned counsel has changed to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 Respectfully submitt?JANUZZI, , SHOLLENBERGER LLP By: Karl J. Jan zi, Esq. I. D. # 65575 Date: November 29, 2004 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff TIMOTHY LADIKA, Plaintiff V. JOYCE A. LARSON, Defendant CERTIFICATE OF SE -VE AND NOW this 29 day of November, 2004 1 her by certify that I have served the Praecipe for Change of Address of Counsel for Plai tiff to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Kevin D. Rauch, Esq. Summers, McDonnellil Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER 8l JANUZZI, LLP By: Karl J. JanuzziTEsq. Attorney I.D. #65!575 IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 04-4475 CIVIL A&ION - LAW JURY TRIAL_ DEMANDED Dated: November 29, 2004 - -- ??? r? .?- ---? ;; Cw ?r: -r ? ? ` ? i ' J ?. ?,- ?' _ a.-.- -! SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff TIMOTHY A. LADIKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE A. LARSON, Defendants a prerequisite to service of a su Rule 4009.22, Plaintiff, certifies that: NO. 04-44.75 CIVIL ACTION - LAW JURY TRIAL DEMANDED for doa.iments and things pursuant to 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party, 2. the twenty day notice period was waived by opposing counsel (letter stating same is attached hereto, 3. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 4. no objection to the subpoena has been received, and 5. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully submitted: SHOLLENBERGER & JANUZZI, LLP Attorne s f r laintiff By: Karl Januzzi, Esq. Atto ey I. D. No. 65575 Attorney for Plaintiff Date: July 19, 2005 SUMMERS, MCDONNELL, GUTHRIE & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAB A. MCDONNELL JOSEPH A HOOOCK. JA GREG. A GUTHRIE PETER B SKEEL PATRICK M CONNELLY* JEFFREY C CATANZARITE KEVIN D. RAUCH HUDOCK, L.L.P. HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE, PA 17043 PHONE. 717-901-5916 FAX. 717920-9129 July 18, 2005 JASON A. HINES ERIN M. BRAUN Guy E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER. JR JOSHUA G. FERCOSON CANYLYN S. LAUVO KIMBERLY L. HENSLEY ELAINE J. WIZZARO EmILY F FASULO Lucas A. MILLER "ALso ADMITTED IN WV Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: Ladika v. Larson Our File No. Dear Mr. Januzzi: 13110 Please be advised that I am in receipt of your letter enclosing a Notice of Intent to Serve a Subpoena regarding the records from Debra A. Olsen. I will waive the 20-day notice. Kindly provide me a copy of any records you receive as a result of this subpoena. If you should have any questions regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, ---- ,T? rX" oshua G.Ferguso JGF:asw PITTSBURGH OFFICE: GULF TOWER. SUITE 2400. 707 GRANT STREET PITTSBURGH. PA 15215 PHONE 41x-zs,-BZSz FAx 4,z 2K, alas JUL 1 9 105 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff TIMOTHY A. LADIKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE A. LARSON, Defendants To: Defendant, Joyce A. Larson c/o Joshua Ferguson, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 NO. 04-4475 CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiff Timothy Ladika intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted: SHOLLENBERGER & JANUZZI, LLP Attornevs,for Plaintiff By: Date: July V -, 2005 Kirl J(/Januzzi, Esq. Attorney I. D. No. 65575 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMTHY A. LADIKA, File No. 04-4475 Plaintiff V. JOYCE A. LARSON, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Debra A. 01 sen (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Entire contents of investigation file regarding incident which forms photographs and statements. at 2225 MiIlennitm Way Enola PA 17025 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Karl J. Januzzi, Esq. ADDRESS: i enn i tm ay Enola, PA-1 0 TELEPHONE: (717) 728-3200 SUPREME COURT ID # 65575 ATTORNEYFOR: Plaintiff Date:jzxj yi 11, ';? e?? Seal ofhhe Court BY /TJj,,E COURT: '0 4PI Prothonotary, Civil Division Deputy SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff TIMOTHY A. LADIKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE A. LARSON, Defendant NO. 04-4476 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 19th day of July, 2005 1 hereby certify that I have served Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joshua Ferguson, Esq. Summers, McDonnell, Hudock:, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP R By: IWA4 Karl J. Januzzi, Esq. Attorney I.D. #65575 Dated: July 19, 2005 c 7 ? 1 LTV 4 Y -n Sc 'T . ? 5 ` w.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, NO. 04-4475 V. CERTIFICATE PREREQUISITE TO JOYCE A. LARSON, SERVICE OF A SUBPOENA PURSUANT Defendant. TO RULE 4009.22 (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Joshua G. Ferguson, Esquire Pa. I.D. #93188 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, Plaintiff, CIVIL DIVISION V. JOYCE A. LARSON, Defendant. NO. 04-4475 (Jury Trial Demanded) CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, this Defendant certifies that: A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to date on which the subpoenas sought to be served. A copy of the Notices of Intent, including the proposed subpoenas, is attached to this Certificate. 3. Plaintiffs counsel waived the twenty (20) day waiting requirement in a letter dated July 19, 2005. (A true and correct copy of the correspondence dated July 19, 2005, is attached hereto as Exhibit "A".) 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notices of Intent to Serve the Subpoena. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Date: BY: k4;2 Joshua G. Ferguson, squire Counsel for Defendan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, Plaintiff, V. JOYCE A. LARSON, Defendant. CIVIL DIVISION NO. 04-44175 (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Progressive Insurance Company To: Karl J. Januzzi, Esquire Insurance Joshua G. Ferguson, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record andserve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, the subpoena may be served. Date: By: O"d ZG -7 oshua G. Ferguson, quire Attorney I.D. No. 93188 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY LADIKA, 04-4475 Plaintiff, File No. V. JOYCE A. LARSON, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Progressive Insurance company TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Explanation of Records at 1017 Mumma Rd., Suite 300, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE; FOLLOWING PERSON: NAME; Kevin D. Rauch, Esquire ADDRESS: 1017 Mumma Rd., Suite 300 Lemoyne, PA 17043 TELEPHONE: (717) 901-5916 SUPREME COURT ID # 8 3 0 5 8 ATTORNEYFOR: Defendant Date: , aAt) eal afthe Court BY THE COURT: T1POionotary, Civil D` ision C ? hl?e? Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Progressive Insurance Company RE: Timothy Ladika Policy No. A complete copy of the first party benefits file including a declarations page covering the date of loss, May 28, 2004, for your insured, Timothy Ladika. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, Plaintiff, V. JOYCE A. LARSON, Defendant. CIVIL DIVISION NO. 04-4475 (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODU Healthsouth-New Cumberland Medical To: Karl J. Januzzi, Esquire Joshua G. Ferguson, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, the subpoena may be served. Date: 413 Lo By: Joshua G. Ferguson, quire Attorney I.D. No. 93188 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY LADIKA, Plaintiff, V. JOYCE A. LARSON, Defendant. File No. 0474475 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO :RULE 4009.22 HealthSodth-New Cumberland TO: 503 Bridge St., Wew Cumberland, PA 17070 (ivame or rerson or bnmy) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Explanation of Records at 1017 Mumma Rd., Suite 300, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twehty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME; Kevin D. Rauch, Esquire ADDRESS: 1017 Mumma Rd., Suite 300 Lemoyne, PA 17043 TELEPHONE: (717) 901-5916 SUPREMECOURT ID #-33a5 a ATTORNEYFOR: DPfPnclant. BY TIM. COURT: Date: (14 L, j< 02 U Se of the Court `Prothonotary, Civil DivAion Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HealthSouth-NewCumberland 503 Bridge Street New Cumberland, PA 17070 RE: Timothy Ladika - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRIs CT Scans - Diagnostic imaging reports All reports IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, Plaintiff, V. JOYCE A. LARSON, Defendant. CIVIL DIVISION NO. 04-4475 (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Hershey Medical Center To: Karl J. Januzzi, Esquire Medical Joshua G. Ferguson, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, the subpoena may be served. Date: !?J 05 By: oshua G. Ferguso , Esquire Attorney I.D. No. 93188 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY LADIKA, Plaintiff, V. JOYCE A. LARSON, Defendant. File No. 04--4475 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Hershey Medical Center TO: PO Box 850, HU 24, Hershey, PA 17033 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See of Records at 1017 Mumma Rd., Suite 300, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kevin D. Rauch, Esquire ADDRESS: 1017 Mumma Rd., Suite 300 Lemoyne, PA 17043 TELEPHONE: (717) 901-5916 SUPRENM COURT)D# 83058 ATTORNEYFOR: Defpnrlani- BY THE COURT: Date: 00, @,. 4 IS? the Court (((///P///rot???)))1`lonotary,,, Civ`iyl,Di sign / 7- - Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Hershey Medical Center PO Box 850 HU24 Hershey, PA 17033 RE: Timothy Ladika - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRIs CT Scans - Diagnostic imaging reports - All reports 4? SHOLLENBERGER & JANUZ;i:I, LLP 2225 MILLENNIUM WAY ENOLA, PA. 17025 www.sholljanlaw.com (717) 728.3200 FAX (717) 728.3400 HARRISBURG OFFICE Please reply to Enola Office 4811 JONESTOWN RD TIMOTHY A. SHOLLENBERGER SUITE 221 HARRISBURG, PA 17109 KARL J. JANUZZI (Do not send mail to this address) (717) 671.6400 Writer's Direct e-mail kjj@sholljanlaw,ccm FAX (717) 671-4900 July 19, 2005 Joshua Ferguson, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Rd., Suite 300 Lemoyne, PA 17043 RE: Ladika v. Larson Dear Joshua: I have no objection to your subpoenas directed to HealthSouth - New Cumberland, Hershey Medical Center and Progressive Insurance. Pursuant to your ongoing discovery obligations, please provide me with any and all documents received as a result of these subpoenas, immediately upon your receipt of same. Thank you for your attention to this matter. Very truly yours, Karl . ?uzzi KJJ;jjr CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of each of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 has been}} mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this'?Plhdayof U l 2005. Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. BY: - Joshua G. Ferguson, squire 1? Counsel for Defendant n ? ':; , ? ,_ ?? -, c . ' ? r .T, ?: c... ?.._ n? -.. - r, ? v n. 1? .. ?... ? G SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-2400 Attornevs for Plaintiff TIMOTHY LADIKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA V. JOYCE A. LARSON, Defendant NO. 04-4475 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this J +h day of August. 2005, 1 hereby certify that I have served Notices of Oral Deposition and Supporting Documents to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joshua Ferguson, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP lI io?' I By: ,y- K J. Januzzi squire n o O ?" rr? i r ???a «? n N ? l; i'fi J hj C>rzJ f?'• "i =T? -?-n __ _„_ ' C __ ? J { . SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-2400 Attornevs for Plaintiff TIMOTHY LADIKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA V. JOYCE A. LARSON, Defendant NO. 04-447;) CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 19+11 day of August. 2005, 1 hereby certify that I have served Notices of Oral Deposition and Supporting Documents to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joshua Ferguson, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, SHOLLEe ERGER & J NUZZI, LLP By: r Ka J. Januzzi, squire l) L o ar :17- C7. ll T m N Jt ? _ 7 C> rn J SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-2400 Attorneys for Plaintiff TIMOTHY LADIKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA V. JOYCE A. LARSON, Defendant NO. 04-4475 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this lq+h day of August. 2005, 1 hereby certify that I have served Notices of Oral Deposition and Supporting Documents to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joshua Ferguson, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: A' Ka J. Januzzi, quire a Cal r.. ? v ' . (._. Fil N CJ. ? t`' m ca =? (0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, NO. 04-4475 V. DEFENDANT'S MOTION TO COMPEL JOYCE A. LARSON, PLAINTIFF'S ANSWERS TO Defendant. SUPPLEMENTAL INTERROGATORIES (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, Plaintiff, V. JOYCE A. LARSON, Defendant. CIVIL DIVISION NO. 04-4475 (Jury Trial Demanded) MOTION TO COMPEL PLAINTIFF'S ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND NOW, comes the Defendant, Joyce A. Larson, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Plaintiff's Answers to Supplemental Interrogatories, and in support thereof avers the following: 1. On October 19, 2006, Defendant served Plaintiff with Supplemental Interrogatories relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated October 19, 2006, is attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiff's Answers to Defendant's Supplemental Interrogatories should have been received by November 18, 2006. 3. On December 11, 2006 and January 19, 2007, Defendant's counsel forwarded a letter to Plaintiffs counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated December 11, 2006 and January 19, 2007, is attached hereto as Exhibit "B".) 4. To date, Defendant has not received Plaintiffs Answers to Supplemental Interrogatories. 5. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 6. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Answers to Defendant's Supplemental Interrogatories within twenty (20) days or suffer additional sanctions. 7. Counsel for Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by Defendant's counsel. WHEREFORE, Defendant, Joyce Larson, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers to Supplemental Interrogatories. Date: ?WO 7 Respectfully submitted, Summers, McDonnell, Hudock, Gut ie & S el By: Kevin D. such, Esquire Attorney for Defendant, Joyce A. Larson CERTIFICATE OF SERVICE I hereby certify that the Motion to Compel Plaintiffs Answers to Supplemental 41- interrogatories was served on the following counsel by first class mail on this day of 2007. Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 By: K'?" 6L.,q la ) Kevi D. Rau-6, Esquire Attorney for Defendant, Joyce A. Larson October 19, 2006 Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: Ladika v. Larson Our File No. 13110 Dear Mr. Januzzi: Enclosed please find Supplemental Interrogatories directed to your client in the above-referenced matter. Kindly respond to the same within the time frame established by the Pennsylvania Rules of Civil Procedure. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, i ? P173? Jason P. Wrona JPW:kam Enclosure December 11, 2006 Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: Ladika v. Larson Our File No. 13110 Dear Mr. Januzzi: In reviewing my file, I noticed that I have not received answers to Supplemental Interrogatories. If I do not receive the same by January 9, 2007, 1 intend to file the enclosed Motion to Compel. Finally, I have not received your client's tax returns for the last five years, or executed authorizations for the release of his records from Medicaid and the IRS. Kindly forward the same to my attention as soon as is practicable. These entities will not honor subpoena. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Very truly yours, Jason P. Wrona JPW:cIc Enclosures January 19, 2007 Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enoia, PA 17025 RE: Ladika v. Larson Our File No. 13110 Dear Mr. Januzzi: I am in receipt of your letter dated January 12, 2007, indicating that you scheduled a meeting with your client to finalize the outstanding discovery, including his Answers to Supplemental Interrogatories. I will grant you an extension until February 1, 2007, to provide these answers. However, if I do not receive the same, I will have no choice but to proceed with the Motion to Compel. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, WU Jason P. Wrona JPW:Iam c U r ? _,. --.1 `T1 ? t ?i ? i .'i ._:. ---.? „ - ? ? s? ? .ci r £ "'1 ??•7 [v ."`' FEB 0 9 2007 0j/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, V. NO. 04-4475 JOYCE A. LARSON, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this IJ-Al day of r'-6v(.%'-4 , 2007, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Timothy Ladika, provide Defendant, Joyce A. Larson, with full and complete Answers to Supplemental Interrogatories within twenty (20) days of the date of this Order. X J. VI-WA1,kSNNgd 80 .$ WV C ! 83.E LOOI AdVIONOH O d 3Kt .40 311DIU9 +-Q31{3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, NO. 04-4475 V. MOTION TO COMPEL JOYCE A. LARSON, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, Plaintiff, V. JOYCE A. LARSON, Defendant. CIVIL DIVISION NO. 04-4475 (Jury Trial Demanded) MOTION TO COMPEL AND NOW, comes the Defendant, Joyce Larson, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Answers to Interrogatories and in support thereof avers the following: 1. This matter arises out of a motor vehicle accident which occurred on May 28, 2004. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On December 5, 2008, the Defendant served the Plaintiff with a Second Set of Supplemental Interrogatories relative to the above-referenced matter. (A true and correct copy of the correspondence between the parties dated December 5, 2008, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rules of Civil Procedure, the Plaintiff's Answers to Interrogatories should have been received by January 4, 2009. 5. On January 20, 2009, Defendant's counsel forwarded a letter to Plaintiffs counsel requesting that he respond to the outstanding discovery and advising that a Motion to Compel the same would be filed. (A true and correct copy of correspondence between the parties dated January 20, 2009, is attached hereto as Exhibit "B".) 6. To date, the Defendant has not received any response from the Plaintiff or Plaintiffs counsel regarding the Defendant's Interrogatories. 7. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's Interrogatories. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, the Defendant respectfully requests this Honorable Court to enter an Order directing the Plaintiff to provide the Defendant with full and complete Responses to Defendant's Second Set of Supplemental Interrogatories within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel as set forth above to resolve this discovery dispute. Despite such attempts by Defendant's counsel, the Plaintiffs Answers to Interrogatories have not been received. 10. Counsel for Defendant certifies that no Judge has ruled upon any other issue in the same or related matter. 11. Opposing counsel does not concur in this motion. WHEREFORE, Defendant, Joyce Larson, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to produce answers to the Defendant's Second Set of Supplemental Interrogatories. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTH IE & SKEEL, L.L.P. ti By: Kevin D. Rauch, Esquire Attorney for Defendant December 5, 2008 Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: Ladika v. Larson Our File No. 13110 Dear Mr. Januzzi: Enclosed please find our Second Set of Supplemental Interrogatories in the above-referenced matter. Kindly respond to the same within the timeframe outlined by the applicable Rule of Civil Procedure. Additionally, enclosed please find authorizations for the release of your client's tax return transcripts. Kindly have your client execute the enclosed authorization and return it to my office at your earliest convenience. I will be sure to provide you a copy of any records obtained pursuant to the same. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Seth T. Black STB:Iat Enclosures January 20, 2009 Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: Ladika v. Larson Our File No. 13110 Dear Mr. Januzzi: I have yet to receive your answers to our Second Set of Supplemental Interrogatories in the above-referenced matter. Should I fail to hear from you within the next two weeks, I will be forced to file a Motion to Compel the same. Additionally, I previously forwarded authorizations for the release of your client's tax return transcripts. Kindly provide me with executed authorizations at your earliest convenience. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Seth T. Black STB:Iat CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this )?q day of February, 2009. ryKarl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By:? Kevin D. Rauch, Esquire Counsel for Defendant o ? ?, `? ? ?? FAD G 6 2U ( 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, V. NO. 04-4475 JOYCE A. LARSON, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2009, it is hereby ORDERED, ADJUDGED, and DECREED Plaintiff, Timothy Ladi ra,ehefF-Mvvkt 4,?,? U*00?& nswers to the Defendant's Second Set of Supplemental Interrogatoriesvr5i twenty (20) days of this Order. Joe 1 5 -*AB J. Distribution to: Xvin D. Rauch, Esquire Summers, McDonnell, Hudock, 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 ,/ arl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Guthrie & Skeel, L.L.P. Vis''VAIA ,1N]d N :I did 6 - 83d 68OZ 0H?- "?!d CA f 7L ~..:~ ~iYL I"i ice} !"•. ,. - 1!~~T PRAECIPE FOR LISTING CASE FOR TRIAL 2~l0 i~~~Y ! 4 P~ 2~ ~~' (Must be typewritten and submitted in triplicate) _ TO THE PROTHONOTARY OF CUMBERLAND COUNTY ~~~~~~~~~~~-~'~'~~~~'~ Please list the following case: ^X for JURY trial at the next term of civil court. ^ for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ^X Civil Action -Law ^ Appeal from arbitration TIMOTHY LADIKA, ^ (other) (Plaintiff) vs. JOYOE A. CARSON, (Defendant) vs. August 31, 201( The trial list will be called on and September 20, 2010 Trials commence on Pretrials will be held on Sept. 8, 2010 (Briefs are due S days before pretrials __ 4475 2004 Indicate the attorney who will try case for the party who files this praecipe: Seth T. B1ack,Esquire Indicate trial counsel for other parties if known: Karl J. Januzzi, Esquire This case is ready for trial. Date: ~~l ~ ! Signed: Print N~ ~ `t'~ l lJ ~ C~G~ Defendant Attorney for: $a5•oo ~~ Ate/ er#a3sa ~# ay ao 8S Term _ t AvU y ~n~ ~D. y9 ~.` •; , r- ~ .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, v. NO. 04-4475 HIGH/LOW AGREEMENT JOYCE A. CARSON, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #13110 • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, CIVIL DIVISION Plaintiff, v• NO. 04-4475 JOYCE A. CARSON, Defendant. (Jury Trial Demanded) HIGH/LOW AGREEMENT AND NOW, comes the above-captioned parties through their respective counsel and agree to the following terms regarding the damages portion of the trial in this matter: The Plaintiff s damages will be capped at $100,000. The Plaintiffs damages will be reduced pursuant to his negligence. However, should the Plaintiff not be entitled to recover damages, either due to his causal negligence exceeding 50°l0 or his failure to prove negligence on the part of the Defendant, then the Plaintiff will be entitled to $10,000. SUMMERS, MCDONNELL, HUDOCK, GUTHRIE ~ SKEEL, P.C. c Kevin D. Rauch, Esquire Attorney for Defendant SHOLLENBERGER 8~ JANUZZI, LLP Karl . J~iGzzi, esquire Att n or Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing HIGH/LOW AGREEMENT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30th day of July, 2010. Karl J. Januzzi, Esquire Shollenberger &Januzzi, LLP 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY LADIKA, Plaintiff, V. JOYCE A. LARSON, Defendant. CIVIL DIVISION NO. 04-4475 C M r nA i` C-, C= rn mow" a -ar .s--? c? CD-n w rn (Jury Trial Demanded) PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above-referenced case settled and discontinued, with prejudice. SHOLLENBERGER & JANUZZI, LLP By: ?anuzzi, Esquire I for Plaintiff